Fines for failing to undergo the Military Medical Commission may become illegal after June 6

With the entry into force of the Law "On Amendments to Certain Laws of Ukraine Regarding the Protection of the Rights of Servicemen and Police Officers to Social Protection" No. 3621-IX, Ukraine has effectively completed the transition to a new model of military medical examination. One of the key innovations was the elimination of the status "limited fitness for military service," which had long been applied by military medical commissions.

The law obliged thousands of citizens who previously held this status to undergo a repeated medical examination to determine their fitness for military service according to new criteria. At the same time, the changes raised a number of practical questions, including the deadlines for undergoing the Military Medical Commission (MMC), administrative liability for failure to comply with the relevant requirements, and the procedure for documentary confirmation of health status.

Thus, citizens aged 25 to 60 who previously had the status of "limited fitness" were required to undergo a repeated medical examination.

These citizens were obliged to independently apply to the Territorial Recruitment and Social Support Center (TRSSC) or through the electronic cabinet to obtain a referral for the MMC by June 5, 2025.

The legal logic is that for this specific category of persons, the obligation to undergo the MMC arose automatically based on the law, and not only after receiving a summons.

This provision did not apply to persons who already had an officially established disability status.

As of today, the obligation to undergo the military medical commission arises only after receiving a lawful referral from the TRSSC.

Moreover, even for the specific category of "limited fitness" individuals who had a deadline until summer 2025, the risk of receiving a fine has rapidly ended due to the provisions of the Code of Administrative Offenses.

When undergoing the MMC is mandatory

The general rule is that the medical examination is conducted based on a referral issued by the Territorial Recruitment and Social Support Center upon the presence of grounds defined by law.

The mere fact of being registered for military service does not automatically impose an obligation to regularly undergo the MMC without a corresponding decision by the authorized body.

Special rules for persons with the status "limited fitness"

At the same time, Law No. 3621-IX provided a separate procedure for citizens who, before the cancellation of the relevant category, had the status of "limited fitness for military service."

It is precisely for this category of persons that the law established an exception to the general rule, imposing on them the obligation to independently initiate the procedure for undergoing the MMC within the specified period after the military medical examination reform came into force.

Deadlines for liability for failure to undergo the repeated MMC

The law set a specific deadline for fulfilling this obligation. Accordingly, failure to comply with the requirement may be considered an offense committed after the expiration of the established deadline, i.e., from June 6, 2025.

In such a case, the provisions of Article 38 of the Code of Administrative Offenses apply, which provide that during a special period, an administrative penalty for violation of military registration rules may be imposed no later than one year from the date of the offense.

If the violation is considered completed on June 6, 2025, then the deadline for imposing an administrative penalty is June 6, 2026. After this date, the TRSSC legally loses the ability to impose a fine for the fact that a person did not initiate the MMC within the established period.

At the same time, the final resolution of this issue will depend on the approach of the authorities considering administrative offense cases, as well as on judicial practice regarding the nature of such a violation and the procedure for calculating the deadlines for liability.

That is why the issue of deadlines for imposing fines for failure to undergo the repeated MMC may become one of the key areas of future judicial practice in disputes between conscripts and territorial recruitment and social support centers.

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